First, Nebraska law provides that an injured party is entitled to be “fairly” compensated for his or her injury. It sets forth a list of things that a jury may consider in making this decision. Those include: the nature and extent of the injury, including whether the injury is temporary or permanent; cost of medical care (past and future); amount of lost wages/salaries/profits, physical pain and mental suffering (past and future); loss of earning capacity (not always applicable); and, in some unique cases, a spouse’s loss of consortium.

We are careful to explain to our clients that we can’t even guess what his or her injury claim is worth until the client has completed all medical treatment, or until he or she has at least reached the point of “maximum medical improvement.” Only then will we fully know everything he or she went through, as a result of the accident.

Having said that, an injury victim’s claim is worth what a jury of his or her peers thinks after hearing all of the evidence presented at trial. The evidence in a personal injury case typically includes testimony from you and your treating physician(s), among other things. At the conclusion of the trial, it is the jury (or, in some unusual situations, the judge) who decides what amount of money “fairly” compensates our client. It is important to understand what will not enter into a jury’s deliberations (i.e., what you, your spouse, family, friends, doctor(s), lawyer, etc. think is “fair”).

Thus, when a client asks us what we think his or her claim is worth, we are going to convey what we think a jury will find “fair.” Because, if your personal injury claim cannot be settled beforehand (at Knowles Law Firm, most of them are), a trial will be necessary. Of course, it’s impossible to know exactly what a jury will think, as it’s difficult to predict future human behavior. But, due to our significant experience in this area, we have developed what we believe is a good “feel” for how juries in this community value injury claims.

At Knowles Law Firm, we focus our practice on personal injury law including product liability claims. From a defective stair design to a defective school gymnasium pad, we’ve successfully handled these sorts of claims.

Injuries caused by defective consumer products are not an uncommon occurrence. Just look at these recall headlines from the Consumer Product Safety Commission, all from November 2011:

• November 16 – Collective Brands Recalls KEDS Girls’ Shoes Due to Laceration Hazard
• November 16 – Children’s Animal Slippers Recalled Due to Choking Hazard; Sold Exclusively at Family Dollar Stores
• November 15 – Michaels Stores Recalls Ashland Brand Glass Vase Due to Laceration Hazard
• November 3 – Under Armour Recalls Chin Straps for Football Helmets Due to Laceration Hazard
• November 1 – Kiddieland Recalls Disney-branded Fairies Plastic Trikes Due to Laceration Hazard

It’s important to realize that defective products aren’t always something you buy in a store. They could be a defective chairlift for a handicapped person, a faulty automobile part that causes an injury accident or a medication with an under-communicated side effect. Product liability lawsuits can also be common in the workplace especially for construction and industrial workers.

Here are some links to help you learn more about defective product injuries:

• Consumer Product Safety Commission: http://www.cpsc.gov/
• Toy Safety: http://www.uspirg.org/issues/toy-safety
• Unsafe products: http://www.saferproducts.gov/

At Knowles Law Firm, we wish you and your family a fun and SAFE holiday. But if you or someone you know is injured by a defective product, we’re here to help. We have a long history of successfully handling personal injury and product liability claims in Nebraska. And we offer a free initial consultation. So if you have any questions about your accident, you can call and talk to us, for free.

Did you know that at any given time 10% of all drivers on the road are distracted in some way?  That means one in every 10 cars you pass has a distracted driver.  According to a 2009 report from the National Highway Traffic Safety Administration (NHTSA), nearly one million car accidents were caused by driver distractions.  448,000 of those accidents resulted in an injury.  5,474 resulted in a fatality.

The most common distraction is the cell phone.  Whether texting or talking, cell phone usage causes almost 20 percent of all distracted driving accidents.  Talking or texting while driving has become a major problem on U.S. roadways.

• Of those killed in distracted-driving-related accidents, 995 involved reports of a cell phone as a distraction.
• 16 percent of all drivers younger than 20 involved in fatal crashes were reported to have been distracted while driving.
• Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves.
• Using a cell phone while driving, whether it’s hand-held or hands-free, delays a driver’s reaction as much as having a blood alcohol concentration at the legal limit of .08 percent. (Source: University of Utah).
• 9% of drivers in the United States reported texting or e-mailing “regularly or fairly often” while driving.
• 52% of U.S. drivers ages 18-29 reported texting or e-mailing while driving at least once in the last 30 days, and more than 25 percent reported texting or e-mailing “regularly” or “fairly often” while driving.

To learn more about distracted driving, here’s a list of helpful links:

• Centers for Disease Control and Prevention: Motor Vehicle Safety
• US Department of Transportation: 2009 Traffic Safety Facts
• Distraction.gov

If you or a loved one has been injured in a distracted-driver accident, you need to know your rights and if you have the grounds for a legal case.  That’s where the personal injury law firm, Knowles Law Firm, comes in.  We’re personal injury experts with a long history of successfully handling automobile accident injury cases in Nebraska.  And we offer a free initial consultation.  So if you have any questions about your accident, you can call and talk to us, for free.

If you’ve been injured in an automobile accident, call the personal injury law firm of Knowles Law Firm today.

1.  Cooperate fully with all law enforcement.

2.  See a physician immediately about any personal injuries, provide a complete and accurate history, and receive all necessary medical treatment.  This is also important to document the nature and extent of your injuries to the responsible automobile insurance company.

3.  Notify your automobile insurance carrier that you have been in an accident and have sustained a personal injury in Omaha. Ask if you have Medical Payments coverage and, if so, the per person limit of that coverage.

4.  Alert your employer if you are unable to work after the accident due to your injuries and request that your treating physician provide you with a written note taking you off work until he or she feels it is safe for you to return.

5.  Take several photographs of your car damage and any visible injuries (bruising, swelling, cuts, etc.).

6.  Do not provide a verbal or written statement to the other driver’s insurance company outside the presence of your lawyer.

7.  Do not sign authorizations allowing the responsible auto insurance company to obtain copies of your medical and/or employment records.

8.  Obtain a repair estimate from a reputable body shop.

9.  Do not keep a written journal or diary of the accident, your personal injuries, inability to work, etc.  Do note important insurance claim information (e.g., name and contact information of the claims adjuster, claim number, etc.)

10.  Do not post anything about the accident, your injuries, inability to work, how you are feeling, etc., on any social media platform (e.g., Facebook, Twitter, Google+)

11.  Hire an experienced lawyer whose practice is concentrated in Omaha personal injury law.  He or she will then begin the steps of notifying the responsible insurance carrier and Medicare (if you are a Medicare beneficiary).

Carefully following these steps will help minimize any uncertainty or confusion while navigating the legal system when dealing with a personal injury in Omaha.  For more information on your next steps after sustaining an injury in an accident you were not responsible for, or to speak with a reputable and caring Omaha personal injury attorney, contact Knowles Law Firm.

For all types of personal injuries—car accident, truck accident, dog bite, premises liability—Nebraska law says that an injured person should be “fairly” compensated for his or her personal injury and specifically allows for consideration of the following items:

1.) Nature and extent of the injury, including whether the personal injury is temporary or permanent.

2.) Reasonable value of the medical care and supplies (hospital, doctors, therapists, etc.) reasonably needed by and actually provided to you and reasonably certain to be needed and provided to you in the future. You are entitled to this element of damage even if your medical bills were paid by someone else (e.g., your health insurer, Medicare, Medicaid, etc.).

3.) Wages, salary, profits or the reasonable value of the working time lost because of the inability or diminished ability to work.

4.) Reasonable value of the earning capacity you are reasonably certain to lose in the future.

5.) Physical pain and mental suffering experienced and reasonably certain to be experienced in the future.

6.) Reasonable monetary value of the inconvenience you have experienced and are reasonably certain to experience in the future.

7.) Reasonable monetary value of any humiliation you have experienced and are reasonably certain to experience in the future.

8.) Your spouse’s loss of consortium. Consortium means those things to which a person is entitled by reason of the marriage relationship including affection, love, companionship, comfort, assistance, services, moral support, and enjoyment of sexual relations. This element of damage is usually only available when the victim suffers a very significant personal injury.

For all intents and purposes, punitive damages—damages exceeding the measurable value of the injury—are not available under Nebraska law. Also as a general rule, attorney fees and expenses are also not recoverable unless you bring a direct action against your insurance carrier (e.g., a claim pursuant to the terms of the Uninsured Motorist or Underinsured Motorist coverages of your automobile policy).

As you can see, there is a lot that goes into determining compensation for a personal injury. And the personal injury lawyers at Knowles Law Firm know how to evaluate these considerations to ensure you achieve a fair compensation for the physical, mental and financial hardships you’ve experienced because of your injury.